The Electronic Transactions Act №148 of August 8, 2006 regulates electronic signatures in Puerto Rico. Puerto Rico adopted a two-tier approach to electronic signatures, dividing them into simple and digital.
A simple electronic signature is any data in an electronic format that allows one to identify the signatory and indicate the ir approv al of the signed document.
A digital signature is an electronic signature based on asymmetric cryptography that ensures the signature’s integrity and security.
Simple Electronic Signatures
Puerto Rican laws provide the following r equirements for simple electronic signatures:
01
It must be logically associated with the signed message or document.
02
It must allow one to identify the signatory.
03
It must be attributable to the signatory.
04
It must indicate that the signatory approves the information contained in the message or document.
05
Parties to the transaction need to consent to conducting transactions electronically.
pdfFiller electronic signatures qualify as simple electronic signatures under Puerto Rican laws.
Digital Signatures
For digital signature, the law sets up a higher security and technology threshold. A digital signature needs to meet the following criteria:
01
It must be based at least on the use of a PKI technol ogy.
02
It must ensure the integrity of the signed document.
03
It must ensure the link between the owner of a digital signature and the signed document.
04
It must indicate whether the signed document has been altered after the signing.
05
Parties to the transaction need to consent to conducting transactions electronically.
Is It Necessary to Consent to the Use of Electronic Signature?
Yes. The parties to the transaction must agree to conduct a specific transaction electronically using an electronic signature.
Electronic Signature Validity in Court
A general rule is that no legal effect or validity shall be denied to any documents or signatures solely because they are in electronic form. In Puerto Rico, an electronic signature is admissible in court and cannot be excluded from the proceeding solely because it is in electronic form.
When the Use of Electronic Signature is Prohibited in Puerto Rico
01
Succession law transactions (wills, estate inventories, the functions of the accountant-auditor and executor).
02
Family law transactions (adoption, child support, custody of minors, marriage, prenup agreements, divorce, etc.).
Termination of utility services (electricity, water, sewers, telephone, gas, and other).
05
Notices related to the lease agreements (failure to comply, acceleration, repossession, execution, eviction, or the right to rectify failures).
06
Termination notices on insurance policies, medical insurance plans, or life insurance policies.
07
Notary transactions.
08
Notices to withdraw a product from the market.
09
Public warnings on an essential defect of a product.
10
Uniform Commercial Code (UCC) transactions with exceptions (Sections 1–107 and 1–206, Article 2 and Article 2(a)).
11
Documents should be enclosed with any hazardous materials, pesticides, or any other toxic substance or material in transporting or handling such substances.
12
If the law requires the use of another type of signature.
Use of Electronic Signatures by Government Agencies
In Puerto Rico, there are special PRITS-002 Regulations for using electronic signatures by government agencie. Providers of electronic signature services need to comply with the following requirements:
01
For simple electronic signatures:
SSAE18 SOC 2 or SOC 3 Report Bridge Letter; OR
A completed SSAE18 SOC 2, SOC 3, ISO27001, or equivalent security report.
02
For digital signatures:
Digital certificate provider needs to be:
A certified WebTrust provider; OR
Certified by the Federal Government and the FBPKI/PIV-I program.
Electronic signature provider needs to comply with SSAE18 SOC 3 or PIV-C standard.
Disclaimer: This page is for informational purposes only. This page provides a background on the legal framework for electronic signatures in the respective country. This page is not legal advice and should not be used or relied upon as legal advice. You should seek legal counsel regarding any legal questions you have regarding the use of electronic signatures in this jurisdiction. To the maximum extent permitted by law, airSlate provides this page and the material on this page on an “as-is” basis. airSlate disclaims and makes no representation or warranty of any kind with respect to this page or the material on this page, express, implied, or statutory, including representations, guarantees, or warranties of merchantability, fitness for a particular purpose, or accuracy.
Last updated: September 2024
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